S T A T E O F N E W Y O R K
________________________________________________________________________
6870
2015-2016 Regular Sessions
I N A S S E M B L Y
April 8, 2015
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend the cooperative corporations law and the not-for-profit
corporation law, in relation to requiring the board of directors of
residential cooperative corporations and not-for-profit corporations
to provide members, stockholders, and delegates with changes to the
by-laws in writing within ten days of adoption; in relation to notifi-
cation to tenants of changes affecting occupancy or the rules of the
building
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 16 of the cooperative corporations law is amended
to read as follows:
S 16. By-laws. 1. The by-laws may provide for their amendment by the
board of directors; but any amendment adopted by the board shall be
reported to the annual meeting of the corporation and, if not affirma-
tively approved thereat, shall cease to be in effect. By-laws may be
adopted, repealed or amended on the affirmative vote of two-thirds of
the members, stockholders or delegates voting thereon at a meeting held
after due written notice setting forth the proposed action and the
purpose of the meeting.
2. IN THE CASE OF RESIDENTIAL COOPERATIVE CORPORATIONS, CHANGES
INCLUDING THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD
OF DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND DELEG-
ATES OF SUCH CORPORATION IN WRITING WITHIN TEN DAYS OF SUCH ADOPTION.
S 2. The cooperative corporations law is amended by adding a new
section 78 to read as follows:
S 78. NOTIFICATION TO TENANTS. MEMBERS, STOCKHOLDERS AND DELEGATES WHO
POSSESS UNITS IN A RESIDENTIAL COOPERATIVE CORPORATION SHALL NOTIFY
TENANTS WITHIN TEN DAYS OF RECEIPT OF NOTIFICATION OF THE ADOPTION,
AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD OF DIRECTORS PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06920-03-5
A. 6870 2
SUBDIVISION TWO OF SECTION SIXTEEN OF THIS CHAPTER, WHERE SUCH CHANGE
WOULD HAVE A DIRECT EFFECT ON THE TENANT'S OCCUPANCY OR THE RULES OF THE
BUILDING.
S 3. Section 602 of the not-for-profit corporation law is amended by
adding a new paragraph (g) to read as follows:
(G) IN THE CASE OF RESIDENTIAL NOT-FOR-PROFIT CORPORATIONS, CHANGES
INCLUDING THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD
OF DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND DELEG-
ATES OF SUCH CORPORATION IN WRITING WITHIN TEN DAYS OF SUCH ADOPTION.
S 4. The not-for-profit corporation law is amended by adding a new
section 624 to read as follows:
S 624. NOTIFICATION TO TENANTS. MEMBERS, STOCKHOLDERS AND DELEGATES
WHO POSSESS UNITS IN A RESIDENTIAL NOT-FOR-PROFIT CORPORATION SHALL
NOTIFY TENANTS WITHIN TEN DAYS OF RECEIPT OF NOTIFICATION OF THE
ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD OF DIRECTORS
PURSUANT TO PARAGRAPH (G) OF SECTION SIX HUNDRED TWO OF THIS ARTICLE,
WHERE SUCH CHANGE WOULD HAVE A DIRECT EFFECT ON THE TENANT'S OCCUPANCY
OR THE RULES OF THE BUILDING.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.